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Forgery: falsification & counterfeiting of treasury/bank notes in a narration of facts

or any instruments payable to bearer/to order. w/leg oblig to disclose truth of facts
facts narrated are absolutely false
Falsification: any of the 8 acts under 171 on legislative w/wrongful intent of injuring a 3rd person
(altering), pub/official, commercial or private documents or
wireless or telegraph messages.  Narration of FACTS & not of LAW. Latter ex. Certifying
that you’re eligible for a position. Former ex. Different
Art. 171 – Falsification by Public officer, employee or birthdate.
notary or ecclesiastical minister:  Legal oblig: law requiring disclosure of truth. Ex. Police
1. Offender: required to fill up info sheet, “Personal Data”, in residence
a. public officer, employee, notary who took advantage certificates
of his official position  Knowledge of falsity necessary. W/good faith not
b. ecclesiastical minister WRT records/documents w/c covered.
affect the civil status of persons  Doesn’t cover statements w/c have some color of truth
 Wrongful intent: not necessary if document falsified is
o taking advantage of official position: public doc
-duty to make/prepare/intervene in the preparation  Vitiated consent doesn’t make the facts false since doc
-has official custody of the document was simulated & signature of parties were genuine
 By omission: intentionally didn’t record in his personal
2. Falsify a document by any of the ff means: account certain expenses to avoid paying for such
o Document: any written statement by w/c a rt is
established/an obligation extinguished. Must be complete e. alter
or appear to be true & genuine. Must have legal efficacy. true dates
o Document must be genuine in 2f-2h, the rest it may be
simulated/fabricated.  Only essential dates are covered. Or those w/c affect the
o Any kind of document executed w/intervention of any of veracity of the document/its effects
the offenders is necessarily a public/official document,  Ex. Showing delay in prelim investigation of the case,
thus, no need to specify w/c documents are covered. dates of birth, marriage & death, dates in OR to prevent
o Intent to gain/prejudice not necessary since it’s the discovery of malversation
interest of the community w/c is intended to be
guaranteed by the strictest faithfulness of the officials f. make any alteration (change) or intercalation
charged w/preparation & preservation of acts in w/c they (insert)
intervene in a genuine document
o May be a means to commit other crimes (complexed). meaning’s changed
Ex. Estafa by means of falsifying public document – since change speak something false
intent to damage/damage is immaterial, mere
falsification is already a felony, then if you use such  Ex. Changing the no. of traffic violations in your record to
falsified doc to defraud another/cause damage, then, avoid arrest, altering grades in bar exam
another felony (estafa) is committed.  Doesn’t cover corrections
 Must affect the integrity or change effects of doc
a. Counterfeiting or imitating
handwriting, signature or rubric (name) g. issue an authenticated form of a purported orig
doc
 Must be done w/o authority to do so, not merely drawing no such original exists
up a false document
 Counterfeit: imitate an orig signature/handwriting though genuine document
not perfect copy
-intent to imitate / attempt to imitate include a statement contrary/different fr
-original & counterfeit bear some semblance to deceive original
-when entirely unlike orig, punish under 2b
 Imitate/feign: no original, but you forge something that  Only committed by offender who takes adv of his official
doesn’t exist; represent by false appearance; to position since authentication of a document can be made
imagine/give mental existence ex. Forge signature of a only by the custodian or the one who prepared/retained a
deceased or person who can’t write copy of the original
 Ex of first set: make a supposed copy of a deed of sale
b. there’s an act/proceeding w/c was never executed
Causing it to appear that persons have  Ex of 2nd set: stipulated in a birth certificate copy that A
participated therein is legitimate when such was not stipulated in the orig
when they did not in fact participate  Private person who conspires w/public officer is also
liable
 Ex. Making it appear that signatories received postal
money orders, when in fact they didn’t h. intercalate
instrument / note relative to the issuance
c. a person participated in a proceeding/act thereof
he made a statement in a protocol, registry or official book
you attribute statements to him other than
those he made

 Making a document wherein owner purportedly declared
that they sold the property to A when in fact, the owners
only declared that they were leasing the property to A

d. make untruthful statements (document)
Art. 172 – Falsification by private individuals & use of 2. offender: any person
falsified documents to the damage/intent to cause damage to 3rd p
o Generally no attempted/frustrated stage since it’s commits any acts of falsification (2a-2f only)
consummated the moment the doc is executed but may obj: any private document
be frustrated if falsification is imperfect.
 doesn’t cover mere falsification w/o delivering it/showing
1. offender: private individual (or public it to anyone.
officer/employee who didn’t take adv of his pos)  Damage need not be material. Nor is profit/hope of profit
commits any acts of falsification (2a-2f only) necessary.
obj: (any of the ff) PUB/OFF’L/COMM’L DOC  Proper jurisdiction: where the document was falsified, not
-public/official document where the damage was caused since the crime was
-letter of exchange already consummated in the first part.
-any commercial document  Can’t be complexed w/another crime as a means to
commit such crime (such as estafa) since damage/intent
to cause such is a necessary element of this felony. Mere
 Public Document: falsification does not consummate the crime, you need to
-created, executed, issued by a public official in have damage/intent to cause such.
response to exigencies of pub service.  Estafa w/abuse of confidence: If private doc is falsified to
-pub official intervened in the execution conceal the misappropriation of the money/personal prop
-Any instrument authorized by notary public or in the possession of offender. Meaning, if the estafa was
competent pub official w/solemnities req’d by law consummated at the time of the falsification (done to
-doesn’t cover blank forms not yet filled in. conceal estafa), falsification is no longer punishable since
 Official Document: there was no damage/intent to cause such.
-issued by public official in exercise of his functions  Falsification thru reckless imprudence: issued a hospital
-a kind of public document bill (stipulating confinement longer than the actual stay)
-ex. Receipts, burial permit, official cashbook, all pleading w/o checking/verifying info & merely relied on
filed w/the court personnel’s report. Doesn’t cover instances where one
 Commercial document has rt to rely on subordinate’s report.
-documents/instruments used by  Private Doc considered as public:
merchants/businessmen to promote/facilitate -deed acknowledged by notary pub. Considered pub even
trade/credit transactions if it was falsified before presentation to notary pub.
-defined & regulated by Code of Commerce or other -part of official record & is certified by a pub officer duly
commercial laws authorized by law. Doesn’t cover those falsified before
-ex. Letters of exchange, letters of credit, drafts, trade becoming part of official record, unless it’s a doc
acceptance, checks, notes, pagares, quedans, bonds, actually intended by law to be part of pub/official
books of accounts, and any negotiable instrument, record, ex. BIR form, Civil Service exam.
surety account, journal books, ledgers, customer’s
order to a stockholder, cash files, deposit slips & bank 3. offender: any person
statements, air way bills, bills of lading knows that document is falsified (171 & 172.1
-doesn’t include cash disbursement vouchers/receipts of & 172.2) by another person
payment to borrower of loans. Private doc only. introduces it as evidence in any judicial
 Private document proceeding
-deed/instrument executed by private person w/o
intervention of notary public/person legally authorized. offender: any person
Some disposition/agreement must be knows that document is falsified by another
proved/evidenced. use such doc (not jud’l proc)
-ex. Theater ticket to damage/intent to cause damage
 Possessor is presumed to be the falsifier: if he doesn’t
offer any explanation or if he benefited from it. unless  damage not necessary in 1st case since it’s in effect a
evidence is doubtful. public document
 Damage/intent to cause such is immaterial since principal  if falsifier & person who used falsified doc are one & the
thing punished here is violation of public faith & same, crime is only falsification. They’re not separate.
destruction of the truth as therein solemnly proclaimed in  Falsification does not necessarily include use of falsified
the case of pub documents while credit is being protected document.
in commercial documents.  User deemed falsifier if:
 Lack of malice/crim’l intent is a defense. Ex. Show that -use closely connected in time w/the falsification
you have the authority of the heirs to sell the properties. -user had capacity to falsify it (he was alone, etc.)
 Complexed w/other crimes as means to commit such:
- ex. Counterfeit a police officer’s signature in a traffic
police sticker (falsification) + sell such (estafa)
-ex. Falsified a deed of sale (falsification) + sold a
property using the deed of sale (estafa)
-ex. Falsified a purchase order & a pass (falsification) +
obtained goods (theft)
-ex. Estafa thru falsification of commercial doc by
reckless imprudence: endorsed checks w/o taking
proper & adequate means to assure himself of the
identity of the real claimants as any ordinary prudent
man would do.
-ex. Malversation thru falsification of a pub doc: collected
sums from taxpayers using altered duplicates of
cedulas & misappropriated sums